Thursday, December 22, 2011

Four year old, Zoe Bayntun, was rushed to Rockhampton Base Hospital for facial surgery after a dog attacked her in her front yard Monday night. “She only just said hello to it,” Ms Bayntun said. The dog caused lacerations to her right cheek and right lower lip. The lacerations in her lip were so bad that she needed to have surgery on it. "Just because an animal is small and has a collar doesn't mean it's not going to attack children," Mrs Bayntun said. They were thankful this is all that did happen and that Zoe is recovering well, but it is a warning for all pet owners to be aware of their dogs.

Tuesday, August 23, 2011

Do police take it too far when a car chase is in pursuit resulting in someone being killed? A family is going through a lot of sadness and anger after their 21-year-old son, Matthew Cynewski, was killed after leading police on a brief chase. Hampden Director of Public Safety Joseph Rogers said Cynewski died en route to Eastern Maine Medical Center in Bangor as a result of injuries he sustained in the crash. Rogers said Cynewski initially caught the attention of police after several police agencies received bulletins regarding a Jeep that was operating erratically. As the pursuit continued Rogers reported that Cynewski sideswiped a vehicle that was being operated by 62-year-old Lorraine Frawley. Frawley, who Rogers said was not hurt in the accident, was stopped in traffic waiting to turn left into a driveway when Cynewski approached from behind and struck the drivers' side of Frawley's vehicle as he passed by. Rogers said from there, Cynewski's Jeep struck a tree. The accident remained under investigation Tuesday, said Rogers. Police do not know why Cynewski did not stop for police.

Friday, August 19, 2011

The family of 54-year old, Douglas P. Poole, who died at the Virginia Beach jail, has filed a wrongful death suit against the sheriff and the jail medical staff. Poole entered jail Oct. 29, 2010 to serve a 10-day sentence for driving with a suspended driver’s license, five days later he was rushed to the hospital where he died. When arriving to the jail, Poole told a nurse that he suffered from diabetes and hypertension and that he required certain medications, according to the suit. It says he didn’t receive any meds for four days, and he was given insulin but nothing to control his hypertension. When he arrived in the jail, he told a nurse that he suffered from diabetes and hypertension and that he required certain medications, according to the suit. It says he didn't receive any meds for four days, and he was given insulin but nothing to control his hypertension. The afternoon of Nov. 3, Poole reported to jail staff that he was had severe pain in an eye. He was unsteady on his feet and sweating. He then collapsed and struck his head on a table, the suit says. He was taken to the infirmary, where the medical staff inferred "that he was malingering," the lawsuit states. When he was taken back to his cell, a deputy, a doctor and nurses told other inmates that Poole was "faking blindness," it says. Poole later reported that he felt nauseated and he again fainted and remained unconscious for 15 minutes. When he tried to rise, he struck his head on a toilet and lost consciousness again, the suit says. "The inmates in his cell block began frantically banging on the window and the deputies only then removed him from the block," the lawsuit says. At the infirmary, Poole's blood pressure was recorded as 197 over 90, which is high. Jail staff called 911, and Poole was taken to the nearby emergency room in handcuffs. He was transferred to Virginia Beach General Hospital, where he was diagnosed with a brain hemorrhage. He was declared brain-dead Nov. 4 and pronounced dead Nov. 7, according to the lawsuit. The lawsuit, which seeks $5 million, alleges "deliberate indifference" to Poole's condition by the medical and jail staff. His family is suing in federal court under the Eighth and 14th amendments, which prohibit cruel and unusual punishment and deprivation of life and liberty, respectively.

Thursday, August 18, 2011

Nelson Bailey went in for what he thought was going to be a routine surgery on a digestive disorder that had been causing him abdominal discomfort. But five months later after a lot of agony and pain in his stomach, Bailey went in to have x-rays and CT scans that revealed a sponge, the size of a washcloth, had been left behind. Bailey suffered as a direct result of medical negligence. He declined to have the sponge removed at the same hospital, he chose to instead go to Cleveland Clinic, where doctors also removed a portion of his intestine that was damaged by the sponge.

Monday, August 15, 2011

On Feb. 17, 2011 a recall was made by Perfect Fitness in connection with The Perfect Pullup exercise equipment. The company distributed about 10,000 of them in 2008 and received its first complaint involving breakage of the handles in May 2008. The company began an internal review and in June 2008 began retesting the handle design; it was redesigned in July to be stronger. But when the company began production of the new design and discontinued distribution of the recalled version, it did not notify CPSC, the notice states, adding that Perfect Fitness posted an online notice in March 2010 that consumers could replace the original products free of charge. Perfect Fitness knew of at least 23 user injury incidents by that time but didn't make a report to the commission until Dec. 20, 2010, according to the notice. By the date of that report, the company was aware of at least 45 injury reports and had received moiré than 2,000 requests for replacement products, it says. A lawsuit was made against the company and the Consumer Product Safety Commission has provisionally accepted a settlement agreement with Perfect Fitness.

Friday, July 15, 2011

About $775,000 has been decided to be paid out to settle a wrongful termination lawsuit against Tri-City Healthcare District to two of nine employees that were fired. Then-Chief Executive Arthur Gonzalez received a severance package worth as much as $1 million while seven of those fired sought damages in excess of $100,000. The firings followed dissatisfaction by the Tri-City board over how the executives handled bonds and communicated with the board regarding earthquake retrofit needs.

Monday, July 11, 2011

One taken to the hospital and three others injured after a two-car accident Saturday night. Ashley Villari, 18, was a passenger in a 2003 Ford Mustang as it traveled down Rt. 30 when it collided with a 2001 Nissan Maxima that was making a right turn off Rt. 30. Villari was taken to the Regional Medical Center with facial injuries and released the next day. Christyne Chiacchia, 31, the driver of the Maxima, was cited with failure to yield and driving with a suspended license. In addition to Villari, three others were injured, but refused treatment at the scene.

Friday, July 8, 2011

Parents of University of Central Florida football player, Ereck Plancher, were awarded $10 million in their son’s death. Plancher collapsed and died following offseason conditioning drills at the UCF football complex on March 18, 2008. Orange County medical examiner testified Plancher died from complications of sickle cell trait. The examiner told the jury extreme stress caused Plancher’s red blood cells to sickle, or wrap, and quickly damaged his major organs. Dr. Randy Eichner, an expert witness hired by the Plancher family who has spent 25 years studying sickle cell trait, told the jury Plancher could have been saved if UCFAA staff members treated him properly when he first showed signs of distress during his final workout.

Wednesday, July 6, 2011

Joseph Brown Jr., a drywall installer, has filed a personal injury lawsuit against McDermott Inc, his employer, after he injured his back while carrying a wooden pallet with sheets of drywall. Brown was assigned to carry pallets along the entryway of a large marine structure being erected at the McDermott fabrication yard. “Brown states the pallets were approximately 200 pounds and he was injured when a co-worker stumbled, forcing Brown to carry the entire weight of the pallet. Brown injured his lower back, he claims.” The defendant is accused of negligence for failing to provide workers with a safe workplace, failing to properly supervise the activities, failing to properly train workers, for requiring workers to carry heavy loads with insufficient assistance and requiring workmen to carry heavy loads along an unsafe egress to the installation site. The plaintiff is seeking damages for physical pain and suffering, mental pain, suffering and anguish, medical expenses, lost wages, loss of future earning capacity, disfigurement and disability, loss of enjoyment of life, interest and court costs.

Monday, June 13, 2011

29-year-old, Jeremy Cochran, has been charged with careless driving after he caused a five-car accident. Four vehicles were stopped at a light when Cochran ran into the rear of one of them and continued through the others before crossing the opposite lanes and coming to a final stop in a ditch on the north side of the road. “Cochran told deputies he dropped his cell phone and was reaching to get it when he failed to notice the vehicles were stopped.” The estimated damages of all the vehicles involved is $44,000. Everyone involved was taken to West Florida and Sacred Heart hospitals with minor injuries.

Thursday, May 26, 2011

Four people were seriously hurt and ten other suffered minor injuries after a freight elevator malfunctioned and crashed into a basement. As reported, at the Bed Bath and Beyond store, the elevator suddenly plunged three floors while carrying 24 construction workers. The Buildings Department discovered that a faulty elevator brake was defective, which caused the elevator accident. The DOB issued a violation to the owner because the freight elevator was not even supposed to be carrying passengers.

Monday, May 23, 2011

The family of two young parents killed in an auto accident on April 25 have recently filed a wrongful death lawsuit against an Alabama state trooper, whom they believe was driving recklessly and therefore caused the fatal crash. The morning the crash took place an Alabama state trooper was on his way to a prior accident when he rear-ended the victims’ vehicle, which took their lives. The family is seeking unknown damages, and the two young parents leave two daughters behind.

Tuesday, May 17, 2011

Odette Fournier has been fined $600 under the Animal Control Act and her dog must wear a muzzle, after her dog bit off the tip of Anne Riel’s nose. Fournier put her dog in a shopping cart at a Home Depot store and when a greeter of the store bent down to pet it the dog jumped up and bit Riel’s nose. Riel’s needed surgery to reattach part of her nostril. The incident prompted Home Depot to update its policy on allowing pets in stores. As of this week, no pets are allowed in any Home Depot with the exception of service animals.

Tuesday, May 10, 2011

A 4-year-old boy waits to find out if his sight has been permanently damaged after a surgeon operated on the wrong eye. Apparently the mark, which indicated the eye needing correction, was mistakenly covered by a nurse before the surgery. “How did the doctor explain herself? She says she simply "lost sense of direction and didn't realize I had operated on the wrong eye until I was done operating on the eye."” David Perecman believes this answer is not sufficient. "Dr. Shawn Goodman needs to explain why she continued the surgery if she was not certain what eye to perform surgery on," said Perecman, founder of the New York medical malpractice law firm. When the surgeon realized her mistake, she then operated on the correct eye, without his parents' consent. Since the wrong site operation, the boy’s mother Tasha Gaul has not seen any improvement in the right eye and now the boy’s left eye appears to be wandering. He also has red marks in the whites of his eyes and has to put drops in three times a day. Wrong site surgery is such a serious medical mistake that the World Health Organization (WHO) has published a 19-item surgical safety checklist recommended for use in every operating room for every procedure. Medical Malpractice can include any error relating to surgery.

Wednesday, May 4, 2011

A wrongful death lawsuit, which was claiming damages of $11 million, against the federal government in the case of Ashley Smith has been settled. Ashley Smith was a mentally ill teenager who died on the floor of her prison cell after she was found with a strip of cloth around her neck. “This lawsuit was brought by the family to hold Correctional Services accountable for all of the inhumane and appalling conditions Ashley Smith was kept in,” attorney Mr. Falconer said. “This lawsuit was very much about a conspiracy of senior correctional management to leave a young, mentally ill teen in isolation without help and ultimately without the most basic of human needs.” A report for the Correctional Services Canada concluded that Ms. Smith had been desperately seeking attention and sensory stimulation after being systematically moved from isolation cells. Her use of ligatures, the report found, was designed to draw staff into her cell to rescue her.

Tuesday, May 3, 2011

Five people were hurt and one in critical condition after a two-car accident. Jessica Bustamante, 21, was driving her 2004 Saturn when she ran a red light and broadsided another car driven by Kimberly Hawksworth. Hawksworth was in the process of making a left turn when she was hit by Bustamante. Three others were riding with Bustamante at the time, Bustamante was transported to the hospital for a possible leg injury and passenger, Nicholas Vasquez, was flown by LifeNet with life-threatening injuries. Alcohol and or drugs are believed to be a factor with Bustamante but the investigation of the accident is still ongoing.

Friday, January 28, 2011

A settlement of $10 million has been made in a personal injury case against King County of Tacoma, Washington. The family of Christopher Sean Harris set out on this lawsuit when he was allegedly pushed into a concrete wall by a sheriff’s deputy. Harris was allegedly wrongly identified by a witness who was a suspect in a nearby bar brawl while walking through Seattle on the night of May 9. Harris then reportedly led King County deputies on a foot chase before being stopped and allegedly pushed into a wall by one of the officers. Testimony at the civil trial revealed that deputies were wearing black tactical uniforms at the time of the chase. Harris' attorney said he believes Harris did not realize the men were officers. According to the news source, Harris suffered brain damage and has required round-the-clock care since the 2009 incident and will require long term care for the rest of his life.

Tuesday, January 25, 2011

Mary K. De Los Santos is suing Radiology Inc. claiming it was negligent in recognizing and diagnosing a probable malignant mass. Another defendants in this suit are Drs. Grant D. Petty and Charles M. Siegler. According to the suit, on Oct. 17, 2007, and on Nov. 25, 2008, the defendants failed to recognize, diagnose and detect a probable malignant mass in De Los Santos' right breast and failed to recommend immediate post mammogram ultrasound study and/or biology of the right breast. De Los Santos claims because of the defendants' failure, she was required to have a right and left breast mastectomy.“The defendants failed to exercise a degree of care, skill and learning required or expected from reasonable, prudent health care professionals, according to the suit.” De Los Santos is seeking compensatory damages with pre- and post-judgment interest.

Friday, January 21, 2011

Sharon Fay Grey, an ex-nursing assistant at Valley Health in Winchester, Virginia, is suing the hospital for wrongful termination and malpractice after she complained about surgery performed on her. Grey had worked for Valley Health at the Winchester Hospital when she was diagnosed with a chronic urinary tract infection with painful bladder syndrome, a condition which she had reportedly been treated for in the past. According to the complaint, doctors failed to give nurses orders to void Grey's bladder after the surgery and did not provide adequate post-surgery care. Grey contends that those actions caused her bladder to perforate and had to return to the hospital for a second surgery. Grey’s lawsuit is seeking more than $350,000 in damages in the malpractice suit and another $200,000 for wrongful termination.

A 61-year-old woman was awarded $1 million after a settlement in her medical malpractice suit. Her attorney James Spiros said his client visited her primary care physician in April 2008 for pneumonia-like symptoms, but was not informed that a mass appeared on her chest X-ray. Twenty-two months later, she was diagnosed with stage 4 lung cancer.

Tuesday, January 18, 2011

Margaret Ryan is pursuing a personal injury claim against her landlord after she was seriously injured in a apartment fire. Ryan suffered burns, smoke and heat inhalations. The claim will seek damages from the owners of the building for injuries and pain she sustained in the fire. Ryan’s attorney stated, “His firm is investigating the cause of Ryan’s injuries. So far, it appears that the fire and resultant smoke inhalation were preventable and happened because of the landlords’ negligence. The basement did not have a working smoke detector, heat detector or sprinkler system.”

Friday, January 14, 2011

A U.S. District Court Judge formally convicted and sentenced the company, Guidant LLC for criminal violations relating defective products due to its mishandling of short-circuiting failures of three models of its implantable cardioverter defibrillators: the Ventak Prizm 2 DR and the Contak Renewal. Judge Donovan Frank sentenced Guidant for withholding information from the FDA regarding catastrophic failures in some of its lifesaving devices. Guidant made decisions at various junctures to conceal information from the FDA and medical professionals regarding the device failures. In June 2005, the company finally went public about the problem with information it had known for 10 months, and then only after three deaths had occurred. Judge Frank sentenced Guidant to pay more than $296 million in criminal fines and forfeiture and also to submit to the supervision of the U.S. Probation Office for three years.

Wednesday, January 12, 2011

A wrongful termination lawsuit has been filed against Sunnyside Unified School District after former math coach Jean Olson’s contract was not renewed. Olson claims her contract was not renewed after she reported cheating that she observed by certain teachers during benchmark testing, which constituted violations of state law, mismanagement and/or abuse of authority. Olson claims she has suffered retaliation for the disclosures, has suffered financial harm, economic disadvantages, mental pain and anguish. Olson is seeking back and future pay, compensatory damages, emotional damages, attorney’s fees and costs.

Monday, January 10, 2011

One vicious dog was shot and killed and another was tasered by police after the two dogs mauled a 38-year-old man. The victim was transported to Jacobi Medical Center with multiple bite wounds to the face, arms and legs. The victim was walking in the area when the two unleashed dogs attacked him, Mount Vernon Detective Sgt. Robert Scott said. The two dogs, a Rottweiler and a Wheaten Terrier, were in the area and the Rottweiler charged the officers, police said. Officer Grisante shot the Rottweiler once, police said, the dog ran away and the officer pursued it. He shot the Rottweiler four more times and killed it because it was acting aggressively toward him, Sgt. Scott said. Mount Vernon Police Commissioner Carl A. Bell said the shooting was justified because the dog mauled one man and was aggressive toward the officer. The caretaker of the dogs, identified by police as Ceford Grante, was issued city ordinance violations accusing him of having unlicensed and unleashed dogs.

Monday, January 3, 2011

A wrongful death and medical malpractice lawsuit was filed last week after 28-year-old, Aura Javellana died after undergoing a liposuction procedure of her abdomen and upper arms. According to the lawsuit Surgeon Marco Sobrino performed the liposuction, but failed to keep track of how much Lidocaine, an anesthetic, was injected into his patient’s body. According to the Washington Medical Quality Assurance Commission’s charging document, Sobrino’s medical assistant could not recall how many bags of the Lidocaine solution were used. Medical investigators contended Sobrino did not monitor Javellana or document the amount of nitrous oxide and Lidocaine being administered at the time. They said Sobrino left the clinic after the procedure was completed, but never verified if Javellana was in stable condition. The charge document noted that the doctor never gave Javellana replacement fluids and failed to track the amount of “material” removed during the procedure. When no one came to pick Javellana up, Sono Bello staff put her in a cab. She was apparently never given any further instruction or a follow-up number. Javellana died the following day. According to an autopsy report, the patient suffered acute poisoning from Lidocaine. The lawsuit, filed on behalf of Javellana’s estate, as well as her mother and sister, seeks unspecified damages. The state’s charges against the doctor are pending.